A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
If you've been injured in a car accident during pregnancy in New South Wales, you may be eligible for compensation under the Compulsory Third Party (CTP) scheme. However, pregnancy-related injuries require special attention to ensure your claim is handled correctly. This article explains common mistakes to avoid, how to document your injuries, and what SIRA guidelines apply to your situation.
Why Pregnancy Injuries Require Special Handling
Pregnancy-related injuries in motor accidents are governed by the Motor Accident Injuries Act 2017 and SIRA’s guidelines. Unlike typical injuries, pregnancy claims must account for both maternal and fetal harm. Common mistakes include failing to document injuries promptly, not seeking specialist medical advice, or missing time limits for claims.
Key SIRA Guidelines for Pregnancy Injury Claims
SIRA requires clear evidence of both maternal and fetal injuries. For example, if your accident caused a miscarriage or harm to your unborn child, you must provide medical records showing:
- A diagnosis of pregnancy-related injury
- Specialist reports linking the accident to your condition
- Evidence of fetal harm (e.g., ultrasound results, fetal monitoring data)
SIRA also emphasizes that pregnancy-related injuries must meet the 'threshold injury' criteria under the Motor Accident Guidelines. This means your injuries must be serious enough to qualify for statutory benefits, such as weekly payments or treatment coverage.
Common Mistakes to Avoid
- Delaying Medical Attention: Failing to seek immediate medical care after an accident can weaken your claim. For pregnancy injuries, delays may obscure the link between the accident and your condition.
- Not Documenting Fetal Harm: If your injury caused harm to your unborn child, you must provide evidence such as fetal heart rate monitoring, ultrasound reports, or specialist opinions.
- Missing the 52-Week Deadline: Under the Motor Accident Injuries Act 2017, weekly benefits for threshold injuries typically stop after 52 weeks. If your claim involves both maternal and fetal injuries, this timeline may apply differently.
Practical Steps to Strengthen Your Claim
To avoid errors, take these steps:
- Seek immediate medical attention and ensure your doctor documents any pregnancy-related injuries.
- Collect all medical records related to your accident, including specialist reports, ultrasound results, and treatment plans.
- Notify your insurer within 52 weeks of the accident, as delays may affect your ability to claim weekly benefits.
- Keep records of income loss if your injury impacted your ability to work.
When to Seek Legal Advice
If your claim involves complex issues like fetal harm, long-term maternal injuries, or disputes over medical evidence, consider consulting a solicitor. SIRA’s guidelines are strict, and errors in documentation or timing can reduce your compensation.
Example: A Common Mistake in Pregnancy Claims
Imagine a scenario where a pregnant woman is involved in a car accident. She experiences abdominal pain but delays seeking medical care. Days later, she is diagnosed with a miscarriage. In this case, the delay in medical attention may make it harder to prove the injury was caused by the accident, potentially reducing compensation.
Next Steps
CTP claims involving pregnancy injuries require careful handling. Ensure you document your injuries thoroughly, meet time limits, and seek specialist advice. If your case involves complex issues like fetal harm or long-term maternal injuries, consider contacting a legal professional for guidance.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.